Dobbs' Dilemma (Why Justice Brett Kavanaugh's Ideal of 'Scrupulous Neutrality' in Dobbs is a Pipe Dream)

While most legal commentators believe the battle over abortion is about to shift decisively from the Supreme Court to state legislatures, recent legislative developments are spotlighting the prospect that conservative religious pro-life state lawmakers won’t so easily let the Court leave the field. Extreme pro-life legislation that threatens pregnant women’s lives and health, the sexual choices of all Americans, and the boundaries between church and state may force a continuing role on the Court. Dobbs v. Jackson Women's Health will crucially preview the Court’s attitudes toward those threats.This work first appeared in the National Law Journal on March 31, 2022